Legal Proceedings & Professional Conduct
Documentation of the successful appeal, professional conduct findings against the barrister, and attempts to seek civil remedy for wrongful imprisonment.
Successful Appeal
February 2017
- Appeal heard by the Supreme Court of Western Australia
- Successfully appealed on 4 grounds
- Court found barrister's conduct was equivalent to negligence
- Key finding: Exculpatory evidence should have been obtained and presented
- Court ordered a retrial with the previously excluded evidence
Professional Conduct Investigation
April 2023
- Legal Practice Board of Western Australia (LPBWA) investigated the barrister's conduct
- LPBWA found the barrister guilty of unsatisfactory professional conduct
- Finding confirmed the failings identified by the Appeals Court
- Barrister fined $2,000 by LPBWA
- Professional consequences for failure to obtain exculpatory evidence
Civil Action Attempt
August 2025
- Attempted civil action against the barrister for negligence in The Supreme Court, The Court of Appeal (WA), and The High Court
- Action failed due to interpretation of advocate's immunity by the High Court of Australia
- Despite LPBWA findings and Appeals Court determinations, civil recovery barred
- Advocate's immunity prevented compensation for 15 months wrongful imprisonment
- Legal system acknowledged negligence but immunity prevented remedy
Key Outcomes
Justice Ultimately Served
The legal system, through the appeals process, recognized the fundamental injustice. The conviction was overturned, and a retrial with complete evidence resulted in acquittal.
Professional Accountability
The Legal Practice Board found the barrister guilty of unsatisfactory professional conduct, confirming the negligence identified by the Appeals Court.
Advocate's Immunity Barrier
Despite clear findings of negligence by both the Appeals Court and LPBWA, advocate's immunity prevented civil action. The legal system acknowledged the harm but provided no compensation for 15 months of wrongful imprisonment.